Jul 15, 2016

Terms of Use and Legal Information

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, IMMEDIATELY DIAL 911 OR THE APPROPRIATE EMERGENCY NUMBER WHERE YOU ARE. DO NOT RELY ON THIS APPLICATION FOR MEDICAL TREATMENT. THIS APPLICATION IS NOT A SUBSTITUTE FOR THE MEDICAL ADVICE OF A DOCTOR AND MUST NOT BE USED AS SUCH.

General

The purpose of this document (“Terms of Use”) is to define the conditions under which AWP USA Inc. and/or its affiliated companies, including without limitation Jefferson Insurance Company and AGA Service Company d/b/a Allianz Global Assistance (collectively, “we/us/our”), make our Internet websites (including via mobile applications) (each individually, a “Website” and collectively, “Websites”) and any and all of the content and materials available thereon (collectively, the “Content”) available to users (“you/your”) and the conditions under which such users may have access to and use such Website(s) and Content. Please read these Terms of Use carefully before using our Websites or Content.

Your access to and use of any of our Websites or Content is expressly conditioned on your acceptance of these Terms of Use. By accessing and using any of our Websites or Content, you represent and agree that you have read and fully understand these Terms of Use. If you do not agree with or fully understand any part of the Terms of Use, you are prohibited from using our Websites and Content.

We reserve the right to modify these Terms of Use at any time and without prior notice to you. Continued use of any of our Websites and Content by you will constitute your acceptance of any revisions to the Terms of Use. You will be bound by any such modifications. As such, please check these Terms of Use regularly.

Use of Content

Our Websites and the Content are available only for your non-commercial, private, personal use. You may not use the Content in any other way for any other purpose. Our publication of Content or granting access to any of our Websites does not represent, either explicitly or implicitly, any provision of services or products by us, nor does it represent any promise to you that such Content and Website access will be available to you now or in the future or that you qualify to receive any of our products or services. We are entitled to modify, reduce, remove or otherwise terminate any of our Websites, or any portion thereof including any or all of the services and Content offered thereon, at any time without prior notice to you.

Privacy and Security

For information about our privacy and security practices, including our practices for data security, please see our Privacy Policy.

Intellectual Property

Except as otherwise indicated, our Websites and Content, and all rights thereto, are the property of AWP USA Inc. and/or our affiliated companies and are protected under U.S. copyright, trade secret, trademark and patent law as well as international treaty provisions, with all rights reserved. The marks of AWP USA Inc. and/or our affiliated companies include, without limitation, the marks Allianz Worldwide Partners℠, Allianz Global Assistance℠, Allianz Travel Insurance℠, the names of the various products and services described on any of our Websites or Content, and all associated logos.

Except as authorized herein or with our prior written approval, you are prohibited from copying, modifying, displaying, distributing, transmitting, transferring, redelivering, publishing, selling, marketing, renting, leasing, licensing or sublicensing, creating derivative works, or otherwise using or making available to any third party/parties any of our Websites or any of the Content for any purpose. Systematic retrieval of data from any of our Websites or the Content thereon to create or compile, directly or indirectly, a collection, compilation, database or directory, unless with our express written permission, is prohibited. You agree that you will not, directly or indirectly, reverse engineer, decompile, reproduce or otherwise attempt to derive source code, trade secrets, or other intellectual property from any information, material, or technology included on any of our Websites or in the Content. Any attempt to do so is a violation of our rights, and if you breach this restriction, you may be subject to prosecution and damages.

Submissions to Us

Other than your personally identifiable information, any information, ideas, questions, comments, proposals or materials that you submit to us, such as for marketing, advertising, promotions, contests, products, services, devices, processes, trademarks, logos, artwork, music, photos, or videos (“Submissions”), via electronic transmission or otherwise, will be considered non-confidential and non-proprietary. By submitting any Submissions, you grant to us a perpetual, irrevocable, world-wide, royalty-free right and license to use, modify, publish, disclose, or exploit the Submission at our sole discretion.

Disclaimer of Warranty

YOUR USE OF ANY OF OUR WEBSITES AND ANY OF THE CONTENT, INCLUDING BUT NOT LIMITED TO APPLICATIONS, SERVICES, MAPS, CALL FUNCTIONALITY, TRANSLATIONS, REFERENCE DATABASES (E.G. DRUG DICTIONARY, EMERGENCY NUMBERS, MEDICAL PROVIDERS), FLIGHT INFORMATION, POLICY/CLAIM INFORMATION, GRAPHICS, TEXT AND HYPERLINKS OR REFERENCES TO OTHER WEBSITES, IS AT YOUR SOLE RISK. ALL WEBSITES AND ALL CONTENT ARE PROVIDED AS A REFERENCE ONLY AND ARE NOT INTENDED TO BE, AND MUST NOT BE USED AS, A SUBSTITUTE FOR MEDICAL ADVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES IN CONNECTION WITH OUR WEBSITES AND THE CONTENT. OUR WEBSITES AND ALL CONTENT IS PROVIDED "AS IS", “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHER, WE DO NOT MAKE ANY OTHER REPRESENTATIONS OR WARRANTIES THAT OUR WEBSITES OR CONTENT WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR FREE FROM ERRORS, THAT ANY ERRORS WILL BE CORRECTED, OR THAT THE WEBSITE OR CONTENT WILL BE FREE FROM MALICIOUS SOFTWARE, VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR RESULTS OF THE USE OF THE WEBSITES OR ANY OF THE CONTENT, NOR THE ADEQUACY, ACCURACY OR COMPLETENESS OF THE WEBSITES OR ANY CONTENT OR ANY OF THE INFORMATION, PRODUCTS OR SERVICES PROVIDED THROUGH THE WEBSITE OR CONTENT, AND WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OR OMISSIONS. NO ORAL OR WRITTEN INFORMATION GIVEN BY ANY PARTY SHALL CREATE ANY SUCH WARRANTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM, AND YOU AGREE NOT TO HOLD US RESPONSIBLE FOR, ANY LOSSES, DAMAGES, INJURIES, CLAIMS OR OTHER LIABILITY OF ANY KIND, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESSING OR USING OR INABILITY TO ACCESS OR USE ALL OR ANY PART OF ANY OF OUR WEBSITES OR ANY OF THE CONTENT, OR YOUR RELIANCE ON SUCH WEBSITE AND/OR CONTENT, OR ANY FAILURE OF PERFORMANCE, ERROR, INTERRUPTION, DEFECT, DELAY IN TRANSMISSION, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS OR CONTENT, OR LINE OR SYSTEM FAILURE ASSOCIATED WITH SUCH WEBSITE AND/OR CONTENT, REGARDLESS OF OUR NEGLIGENCE AND/OR KNOWLEDGE THEREOF. THE LAW IN CERTAIN STATES MAY NOT ALLOW THE DISCLAIMER OR EXCLUSION OF ANY OR ALL OF SUCH LIABILITY, AND AS SUCH, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU; HOWEVER, IN ANY EVENT, THE ABOVE PARTIES’ LIABILITY TO YOU FOR ANY AND ALL LOSSES, DAMAGES, INJURIES AND CLAIMS OF ANY KIND, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, WILL NOT EXCEED FIFTY DOLLARS ($50.00).

Third Party Websites

Our Websites may provide links to non-affiliated third party websites. Be aware when visiting such websites that we are not responsible for and make no representations regarding the content, privacy policies and practices (security or otherwise) regarding these or any other third party websites. You should read the policies of the websites you visit to understand their policies for the collection and treatment of data and any expenses associated with the products and services provided on, or use of, such third party websites.

Insurance, Underwriting, and Administration

Plans are subject to terms, conditions, and exclusions. Specific benefits and limits of coverage vary depending on the plan purchased. For a complete description of the coverage and specific benefit limits offered under your plan, carefully review your Letter of Confirmation/Declarations and Insurance Policy/Certificate of Insurance. Plans are available to U.S. residents only. All plans not available in all states.

Allianz Global Assistance insurance products are underwritten, depending on your state of residence and product purchased, by: BCS Insurance Company (OH), Administrative Office: 2 Mid America Plaza, Suite 200, Oakbrook Terrace, IL 60181, rated "A-" (Excellent) by A.M. Best Co., under BCS Form No. 52.201 series, 52.203 series, 52.204 series, 53.205 series, 52.401 series; or Jefferson Insurance Company (NY), Administrative Office: 9950 Mayland Drive, Richmond, VA 23233, rated "A+" (Superior) by A.M. Best Co., under Jefferson Form Nos. 101-C series, 101-P series, 105-P series, 105-C series, 107-P series; or Nationwide Mutual Insurance Company (OH), Nationwide Life Insurance Company (OH), National Casualty Company (OH), Administrative Office: One West Nationwide Blvd, Columbus, OH 43215, or Allied Property and Casualty Company (IA), Administrative Office: 1100 Locust Street, Des Moines, IA 50391, each rated “A+” (Superior) by A.M. Best Co., under Nationwide Form Nos. SRTC 2000 series or NSHTC 2500 series.

Allianz Worldwide Partners, Allianz Global Assistance, Allianz Travel Insurance, and Allianz Tuition Insurance are brands of AGA Service Company and/or its affiliates. AGA Service Company is the licensed producer and administrator of Allianz Travel Insurance branded plans available to U.S. residents and is an affiliate of Jefferson Insurance Company. Contact AGA Service Company at 800-284-8300 or 9950 Mayland Drive, Richmond, VA 23233 or customerservice@allianzassistance.com. The insured shall not receive any special benefit or advantage because of the affiliation between AGA Service Company and Jefferson Insurance Company. Non-insurance products are provided and serviced by AGA Service Company. For non-insurance products, customer is responsible for charges incurred from outside vendors.

For more information about our plans, please visit our website at http://www.allianztravelinsurance.com.

When you click the button on this site to purchase insurance, you are submitting a request for coverage from the insurer. This request for coverage is considered an offer by you to the insurer. The insurer may decline to accept your offer, or your coverage may later be nullified and voided as if it were never in effect, if you fail to meet the terms and conditions of that coverage. This includes, but is not limited to, any circumstance where providing cover, benefit, or services under the policy, or the underlying business or activity, would (1) violate any applicable law or regulation, including without limitation any economic or trade sanction or embargo; or (2) be provided within, or otherwise related to, any country subject to comprehensive economic and/or trade sanction or embargo in the United States.

We only make our insurance products and services available to qualified U.S. residents. We in no way imply that such insurance products and services are available to non-U.S. residents or to residents of jurisdictions in which we are not licensed to do business, or that we are soliciting business in any way from such jurisdiction(s). By submitting to us a request to purchase any of our insurance products, electronically or otherwise, you are representing and warranting to us that you are a U.S. resident residing in a jurisdiction in which we are licensed to do business and are not otherwise prohibited from purchasing from us (including without limitation due to economic sanctions or other legal prohibitions).

Insurance Products Only:

PLEASE BE ADVISED: Our plans contain insurance benefits (which may include disability and/or health insurance benefits) that only apply during the covered trip. This optional coverage may duplicate coverage already provided by your personal auto, home, renter’s, health, life, personal liability, or other insurance policy or source of coverage but may be subject to different restrictions. You should review the terms of this policy with your existing coverage. This insurance is not required to purchase any other products/services. Unless licensed, travel retailers and their employees may provide general information about the insurance, including a description of coverage and price, but are not qualified/authorized to answer technical questions about terms and conditions of the insurance or evaluate the adequacy of existing coverage. Additionally:

California Residents: Our plans contain disability insurance benefits or health insurance benefits, or both, that only apply during the covered trip. You may have coverage from other sources that already provides you with these benefits. You should review your existing policies. If you have any questions about your current coverage, call your insurer or health plan. We are doing business in California as Allianz Global Assistance Insurance Agency, License # 0B01400. California offers a toll free consumer hotline at 1-800-927-4357.

Florida Residents: Emergency Evacuation benefits are limited to coverage for travel or use of accommodations for a period of no longer than 60 days, beginning on your date of departure. This limitation only applies to your Emergency Evacuation benefits.

Maryland Residents: The purchase of travel insurance would make the travel insurance coverage primary to any other duplicate or similar coverage.

New York Residents: The licensed producer represents the insurer for purposes of the sale. Compensation paid to the producer may depend on the policy selected, or the producer's expenses, volume of business, or profitability. The purchaser may request and obtain information about the producer's compensation, except as otherwise provided by law.

Collision Damage Insurance (CDI) Only:

Texas Residents: Before deciding whether to purchase an insurance plan, you may wish to determine whether your own automobile insurance or credit card agreement provides you coverage for rental vehicle damage or loss and determine the amount of deductible under your own insurance coverage. The purchase of this insurance plan is not mandatory. This coverage is not all inclusive, which means it does not cover such things as personal injury, personal liability, or personal property. It does not cover you for damages to other vehicles or property. It does not cover you for any injury to any other party.

New York and Texas Residents: CDI coverage, except when purchased as a separate policy, is not available to NY and TX residents.

Miscellaneous

These Terms of Use is written and provided in English, and any provided translation will be governed by the English version. These Terms of Use will be governed by and construed in accordance with the laws of the Commonwealth of Virginia without giving effect to its conflicts of laws principles. You agree that any legal action, suit or proceeding brought by it in any way arising out of these Terms of Use or the use of any of our Websites must be brought solely and exclusively in the courts of Henrico County, Virginia. Further, you irrevocably submit to the sole and exclusive personal jurisdiction of such courts and the Commonwealth of Virginia, generally and unconditionally, with respect to any action, suit or proceeding brought with respect to these Terms of Use or any of our Websites.

In the event that any clause or provision of these Terms of Use is held by any court of competent jurisdiction to be invalid, illegal or unenforceable, you agree that any such provision(s) shall be deemed modified to the minimum extent necessary to render such provision valid, legal and enforceable where possible, and where not possible, then any such provision(s) shall be severed from the remainder of these Terms of Use, and the invalidity of such provision(s) will not affect any other provision of these Terms of Use.

The headings used herein are for convenience only and will be given no effect in the construction of interpretation of these Terms of Use.

These Terms of Use were last revised on, and are effective as of, October 17, 2016.


© 2016 Allianz Global Assistance. No use or reproduction of any content appearing herein is authorized without the express written permission of Allianz Global Assistance. All rights reserved.